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COHN v. WESTOVER

No. 15368-C.

125 F.Supp. 184 (1954)

Harry COHN, Plaintiff, v. Harry C. WESTOVER, Defendant.

United States District Court S. D. California, Central Division.

June 15, 1954.

Attorney(s) appearing for the Case

Irell & Manella (Lawrence E. Irell), Los Angeles, Cal., for plaintiff.

Walter S. Binns, Los Angeles, Cal., (later Laughlin E. Waters), U. S. Atty., E. H. Mitchell and Edward R. McHale, Asst. U. S. Attys., Eugene Harpole, Sp. Atty., Internal Revenue Service, Los Angeles, Cal., for the Government.

Memorandum to Counsel

JAMES M. CARTER, District Judge.

This is an action by the plaintiff to recover $2,398.57 allegedly overpaid income tax for the year 1945. In his tax returns filed for the year 1945, plaintiff did not claim any depreciation on the yacht Jobella. In his claim for refund plaintiff contends this was an error, and that upon allowance of an amount for depreciation, recomputation of his tax will result in his being entitled to recovery of...

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